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Finding Legal Help

You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help. 

Como encontrar ayuda legal

Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.

Petition to Remove Name from Sex Offender and Kidnap Offender Registry

Basic Requirements

Utah Code section 77-41-112 says that a person can ask the court to order that their name be removed from the Sex Offender and Kidnap Offender Registry if:

  • they were convicted of an eligible offense (as described in the next section);
  • at least five years has passed since the completion of their sentence for the offense;
  • the offense is the only conviction for which they were required to register; and
  • they have not been convicted, since the offense for which they were placed on the registry, of a violation listed in:

Eligible Convictions

The offenses eligible for removal include:

  • Section 76-4-401, Enticing a minor, if the offense is a class A misdemeanor;
  • Section 76-5-301, Kidnapping, and the conviction of violating Section 76-5-301;
  • Section 76-5-304, Unlawful detention, and the conviction of violating Section 76-5-304 is the only conviction for which the offender is required to register;
  • Section 76-5-401, Unlawful sexual activity with a minor and, at the time of the offense, was not more than 10 years older than the victim;
  • Section 76-5-401.2, Unlawful sexual conduct with a 16 or 17 year old, and at the time of the offense, was not more than 15 years older than the victim; or
  • Section 76-9-702.7, Voyeurism, if the offense is a class A misdemeanor.

Other Requirements

In addition to the requirements described above, a person asking to be removed from the registry:

  • must have successfully completed all treatment ordered by the court or the Board of Pardons and Parole relating to the conviction;
  • must not have been convicted of any other crime, excluding traffic offenses (but not including driving under the influence or reckless driving); and
  • must have paid all restitution ordered by the court;
  • must have complied with all the registration requirements at all times as required in this chapter, as evidenced by a document obtained by the offender from the Utah Department of Corrections; and
  • the office that prosecuted the offender, and the victim, or if the victim is still a minor, the victim's parent, must be notified and provided with an opportunity to respond.

Certificate of Eligibility

Before filing a Petition to Remove Name from Sex Offender and Kidnap Offender Registry, the petitioner must obtain a Certificate of Eligibility for Removal of Name from the Sex Offender/Kidnap Registry issued by the Bureau of Criminal Identification (bci.utah.gov) of the Utah Department of Public Safety.

The petitioner applies to BCI for the certificate. There is a fee to apply for the certificate. It will take time for BCI to issue the certificate.

BCI performs a records check to determine whether a petitioner is eligible to have their name removed from the registry. If the petitioner meets all of the criteria for eligibility, BCI will issue a certificate of eligibility to the petitioner. The petitioner should file the petition to remove their name from the registry immediately after receiving the Certificate of Eligibility because the certificate is valid for only 90 days from the date it is issued.

There is a fee to apply for the certificate and a separate fee to issue the certificate. The application fee must be paid at the time the petitioner submits the application, and the issuance fee must be paid before BCI will issue the certificate.

If the petitioner wants to have the certificate of eligibility sent to someone other than themselves, they must also complete BCI's Third Party Release form and submit it with the Application.


Petition

A person asking to remove their name from the registry must file a petition with the court, as well as a copy of the original Information (the document that charged the person with a crime), and a copy of the court docket.

The petition should be filed under the case number of the original case.

The petition must also be delivered to the office of the prosecutor that handled the original case. The prosecutor will notify the victim (if there is one) that a petition has been filed. The victim has the right to object by filing a written objection with the court, and must do so within 45 days after they receive a copy of the petition.

The prosecutor must provide the following to the court within 30 days of receiving the petition, if available:

  • presentencing report;
  • any evaluation done as part of sentencing; and
  • any other information the office of the prosecutor feels the court should consider.

After the Petition is Filed

The judge will review the petition and all documents submitted. The court will schedule a hearing if one is requested by the prosecutor or the victim.

If the petition is granted

If the judge determines that it is not contrary to the interests of the public to do so, s/he will grant the petition and order removal of the offender from the registry.

If the judge grants the petition, the court will send a copy of the order directing removal of the offender from the registry to the department and the office of the prosecutor.

If the petition is denied

If the judge denies the petition, the offender may not submit another petition for three years.


Fees

The filing fee for a Petition to Remove Name from the Sex Offender/Kidnap Registry is the same as a complaint as described in Utah Code section 78A-2-301(1). If you cannot afford to pay the filing fee, you can ask the court to consider waiving that fee.

There is also a fee for a certified copy of the final order. See our webpages on Fees and Fee Waivers for more information and forms.


Forms

There are no forms on this website for asking to be removed from the registry. See the Finding Legal Help page for information about free and low-cost ways to get the help of an attorney.


Related Information

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.


Page Last Modified: 5/11/2018
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